Heard learned Advocate Mr. Damani for petitioner. Learned Advocate Mr.Damani has placed on record draft amendment which has been allowed with a direction to petitioner to carry out same within one week from today.
In para 19-b, petitioner is praying for quashing and setting aside demand of Rs.17,36,300.96 raised by respondent company through, vide their letter dated 2.7.2010 and 29.7.2010. Subsequently, during pendency of this petition, said amount has been paid with objection by petitioner to respondent company on 30.8.2010, therefore, necessary amendment is made in present petition which has been allowed by this court. Learned Advocate Mr. Damani for petitioner has submitted that petitioner has already approached forum under section 42(5) of Act where forum has been established by respondent company. Section 42(5) and 42(8) of the Electricity Act, 2003 are quoted as under:
(5) Every distribution licensee shall, within six months from the appointed date or date of grant of licence, whichever is earlier, establish a forum for redressal of grievances of the consumers in accordance with the guidelines as may be specified by the State Commission.
(8) The provision of sub sections (5), (6) and (7) shall be without prejudice to right which the consumer may have apart from the rights conferred upon him by those sub sections.
Complaint filed by petitioner page 29 is still pending before redressal forum, UGVCL at Mehsana. Said complaint was filed on 14th August, 2009 wherein prayer for interim relief was also made. Learned Advocate Mr. Damani for petitioner has submitted that till date, forum has not initiated any proceedings in respect of complaint filed by petitioner and, therefore, some suitable directions may be issued to forum, so,they may decide complaint filed by petitioner as well as interim relief which has been prayed for by petitioner.
In light of submissions made by learned advocate Mr. Damani for petitioner and considering fact that in respect of action taken by respondent company, petitioner has already approached forum under sec. 42(5) by filing complaint before forum as per page 29, therefore, once petitioner has availed alternative remedy, only on that ground, present petition is not entertained by this court at this stage. However, it is directed to redressal forum, Uttar Gujarat Vij Co. Ltd., Mehsana to consider complaint filed by petitioner on 14th August, 2010 and also to consider interim relief which has been prayed for by petitioner and then to pass appropriate order on interim relief prayed for by petitioner in complaint as early as possible within fifteen days from date of receipt of copy of this order in accordance with law after giving reasonable opportunity of hearing to both parties and thereafter, to decide complaint on its own merits in accordance with law after giving reasonable opportunity of hearing to both parties. It is open for petitioner to amend prayer made in complaint filed before forum because of subsequent event occurred as referred to above.
In view of these observations and directions, this petition is disposed of by this court without expressing any opinion on merits.
(H.K.
Rathod,J.) VYas Top